China’s Draft Coast Guard Law Permitting Use of Weapons Raises Concerns in Japan

China’s National People’s Congress (NPC) released the full text of the draft Marine Police Law on 4 April, which stipulates the authority of the China Coast Guard (CVC), the agency responsible for maritime policing. The draft law stipulates that the Coast Guard may forcibly evict or investigate foreign vessels that enter China’s territorial waters illegally. It also stipulates that the Coast Guard may use weapons if foreign vessels engage in illegal activities in waters under Chinese jurisdiction and fail to comply with the Coast Guard’s order to stop the vessels.

This provision has caused a high degree of alarm in Japan, which is concerned that Japanese fishermen fishing around the Diaoyu Islands will be targeted by the law, even in the waters of the Diaoyu Islands, where a Chinese Coast Guard vessel drove a Japanese fishing vessel to the rescue by the Japan Coast Guard.

The draft states that in order to prevent and deter actions that undermine national sovereignty and maritime rights and interests, the Coast Guard will patrol and monitor the waters under its jurisdiction, including the territorial sea and contiguous zone, and also includes the necessary measures to be taken to defend the artificial islands, taking into account the situation in the South China Sea and the possibility of the United States attacking or bombing the artificial islands.

In this regard, Japanese Chief Cabinet Secretary Katsunobu Kato pointed out in a press conference before noon on November 5: “We have always refrained from commenting on other countries’ bills. We will highly continue to monitor the movements of the Chinese Coast Guard, including this bill.

Kato also pointed out that the Senkaku Islands are undoubtedly the inherent territory of our country, both historically and in terms of international law, and that they are being ruled with real effect.

Kato said that the government, based on its policy of resolutely protecting the lives and properties of its citizens, including Japanese fishing boats, as well as its territory, territorial waters and airspace, will actively gather information in cooperation with the relevant ministries and agencies to ensure that the Diaoyu Islands are always on guard, and will continue to respond to China in a calm and resolute manner.

The draft consists of 80 articles. China announced that it would review the draft at the 22nd meeting of the Standing Committee of the 13th National People’s Congress (NPC) in October and solicit public comments until March of next year.